(영문) 수원지방법원 여주지원 2018.07.04 2018고단450

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2018.07.04 2018고단450

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 26, 2017, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) at the Sungnam branch support center, and on April 16, 2018, a summary order of KRW 2.5 million was issued at the same court on June 1, 2018, and a fine was issued at the same court, and Article 148-2(1)1 of the Road Traffic Act merely stipulates that “a person who violates Article 44(1) of the Road Traffic Act on at least two occasions,” and does not require a final judgment of conviction.

[2] On May 18, 2018, the Defendant: (a) driven a B rocketing truck with approximately 0.104% alcohol concentration on the part of the blood alcohol level from around 4km to the front road of “a apartment apartment with Samsung name,” which is located in Type 255 at the same time, at the same time from around 71, the reputation-based 71 of the Triju City, around May 18, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture reflects the Defendant’s crime, but the risk of repeating a crime appears to be high by repeated driving of drinking within a short time, and according to the motive of driving drinking, according to the Defendant’s statement, the Defendant appears to have committed the instant crime without any particular warning as to driving of drinking, etc., a punishment as ordered shall

참조조문

-형법 제62조 제1항

-형법 제62조의2

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